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Comcast sues Nashville over Google Fiber-backed pole ordinance

Comcast sued Nashville Tuesday over the Google Fiber-supported One Touch Make Ready law, joining AT&T as the second internet giant to ask the court to strike down a controversial ordinance that changed Metro's policy regarding utility poles.

Comcast sues Nashville over Google Fiber-backed pole ordinance

Comcast sued Nashville Tuesday over the Google Fiber-supported One Touch Make Ready law, joining AT&T as the second internet giant to ask the court to strike down a controversial ordinance that changed Metro's policy regarding utility poles.

Mirroring AT&T's lawsuit, the Comcast complaint argues AT&T-owned poles fall under the jurisdiction of the Federal Communications Commission, not cities. The suit further contends the Metro Council lacked authority to regulate Nashville Electric Service poles and that the ordinance violates Comcast's contracts with both NES and AT&T.

The suit, filed in the U.S. District Court for the Middle District of Tennessee, seeks a permanent injunction from the court to stop Metro from enforcing the ordinance. That's a key distinction from a preliminary injunction, which would have sought immediate intervention to halt the ordinance

"This is not an issue of another provider being in the marketplace," Comcast official Andy Macke said Tuesday. "This is really about our ability to manage our network and our ability to really manage the customer relationships and public safety."

The ordinance, passed by Metro Council on Sept. 20 and signed into law by Mayor Megan Barry the next day, allows internet providers to add new lines to utility poles in one session. Previously, existing providers have been required to move their own lines to make room for a new line, a process that could take several months per cable.

Google Fiber lobbied aggressively for the ordinance, arguing that the previous system in place hindered new competitors entering the market and significantly delayed its installation of fiber internet. Comcast and AT&T fought the ordinance unsuccessfully.

AT&T filed a lawsuit against Nashville within days of the council's decision. The company earlier this year sued Louisville, Ky., on the same grounds. Nashville federal Judge Kevin Sharp, who is presiding over the AT&T lawsuit, recently gave Metro an extension until Nov. 14 to respond to AT&T's original complaint.

Barry, who is listed as a defendant in both lawsuits, gave an identical statement to the one she provided when AT&T filed suit.

“One Touch Make Ready has been litigated in the court of public opinion, and the public overwhelmingly supports this measure designed to speed up the deployment of high-speed fiber in Nashville," Barry said Tuesday. "Now, we hope that this federal litigation is quickly resolved so that we can get on with the business of expanding access to gigabit internet throughout Davidson County.”

In its suit, Comcast says the new 'One Touch' law will increase the risk of interruption and outages in Comcast's services and will therefore result in a loss of revenue for the company.

Google Fiber, which announced its expansion into the Nashville market nearly two years ago, has relied on Nashville's utility poles to build it infrastructure because of the city's significant presence of limestone underground.

In Nashville, 80 percent of the city's utility poles are owned by Nashville Electric Service, while AT&T owns the remaining 20 percent.

During the council's deliberation of the ordinance, the threat of litigation was an overriding reason why 12 council members voted to support a delay on voting on the bill. The council's attorney, Mike Jameson, weeks ago flagged possible legal issues with the ordinance.

But while the lawsuit from AT&T was expected, Comcast officials had given fewer signs that they would challenge the ordinance in court.

"I didn't expect Comcast to jump on the wrong PR train and sue the government just like AT&T," said Councilman Anthony Davis, who was the lead sponsor of the "One Touch" bill. "I was hoping that the FCC would jump in and potentially end the AT&T lawsuit where the city would come out on top.

"We knew they were opposed to it," he added, referring to Comcast. "But I feel like we absolutely spoke for our constituents and the residents of Nashville who want this 'Make Ready' to hopefully spur new carriers and more technology investment in Nashville."

Google Fiber declined to comment on the Comcast lawsuit. Ahead of the council's final vote on the ordinance, Fleur Knowsley, senior counsel of Alphabet’s Access group, which manages Google Fiber, promised to share its in-house attorneys with Metro to fight a lawsuit concerning the ordinance. The council then defeated legislation opposed by Google that would have shifted legal fees away from Metro government to internet providers during legal disputes involving One Touch Make Ready.